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deduction after the fact Maryland

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  • deduction after the fact Maryland

    My employer has decided to with hold my last two paychecks stating that they paid me for sick time that they should not have for the entire school year that I was employed as a teachers assistant. My pay had been split into 10 equal payments. The first month I work there even though I hadn't worked the full month, they gave me my full paycheck. I knew it didn't add up and I questioned the office administrator and she assured me it was fine. My sick time was logged into the time off request book. When I went over I asked my boss and she told me that I couldn't help it that my child was sick and she paid me the days any way. I took a month off for personal reasons and logically I was not paid for this. Since I have returned I have not been paid. I have worked for 5 weeks with no pay. The have also gone back and decided that they are going to charge me for all of the days over my sick leave and the days that I wasn't employed by them at the beginning of the year. In addition to this there were days that I worked that I forgot to clock in or out and they are charging me for those also even though it doesn't match with the time off request book. This is a very small school, with less than 15 employees and everything is done by hand. They are violating several other wage and labor laws as well. I don't know what my rights are here. They feel that I have crossed them personally because I took the personal time, but they took me back! What does Maryland law say about this type of thing?
    Last edited by reneelissa; 06-01-2008, 09:09 PM.

  • #2
    First of all, do you work for a school system or is this a private school? I ask for a reason.

    If I understand you correctly you were paid for days that you did not work and now they are making up for that. Just how much time have you taken off? How much time have you not been paid for? How much time did you take off that was over and above what was allowed?
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      reply Ellenmd

      I work for a private school. I have taken a few days over what was allowed and I spoke to them about that. They told me I couldn't help it that my daughter was sick and not to worry they would pay me anyway. I also confronted them about my first month and that I shouldn't have received a full payment because I didn't work the first week and a half of school. They also said this was fine, "don't worry about it". There were days that I forgot to log in and that's all it was there is a time off request book and those days are not in there, they are just days I forgot. When I took a month off they didn't pay me for that so we are all straight there.

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      • #4
        Technically as a non-exempt employee they do not have to pay you for time not worked. Translation, they did not have to pay for the first few weeks of school that you did not work, nor the "extra" days you took off for your daughter. However, since they did pay you for that time, they are going to have much difficulty taking it back now. What they could do is pay you as usual and invoice you for the overage unless you have an actual contract or something in writing from someone in authority to make that promise that that time off is going to be paid anyway. It is questionable whether an agreement made now stating you owe that time back would be enforceable. If you follow the goings on in Annapolis at all, you will understand why. The DLLR has become a battleground and what is and is not permitted seems to change weekly.

        Most schools pro-rate the salary and divide by the number of pay periods. If I understand you correctly you are paid once a month? If so, that is also not permitted per state law. Only certain types of employees may be paid less frequently than twice a month and a teacher's assistant would not qualify. That aside, if they pay in advance, and for reasons that baffle my mind many schools do this, and you have already been paid for all the time you actually worked this school year, then yes, it may appear as though you are not being paid for working. For reasons I won't get into now, I fully expect this practice to cease in the near future, but as of this moment, it is still legal.

        Whether you filled out the timesheet corectly or not you still must be paid for that time. That will never change. While the DLLR would tend to look the other way if they didn't pay you at the time these offenses happened if there was some legitimate reason to believe that you were not there that day so long as they corrected it the next payperiod or so, going back after the fact and deducting for days already paid when they clearly knew you were there but didn't clock out or clocked out but not in, would not fly.

        Your remedies are here http://www.dllr.state.md.us/labor/wa...wpremedies.htm http://www.dllr.state.md.us/labor/essclaimform.htm
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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